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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The plaintiff A is his father and wife B.
Plaintiff
A has been repeatedly engaged in transactions of borrowing money from the Defendant from around 2012 to the Defendant with full payment.
B. (1) On April 7, 2017, a notary public signed a notarial deed of a monetary loan agreement (hereinafter “notarial deed of this case”) by No. 175 on April 7, 2017 between the Plaintiffs and the Defendant as the law firm Shinsung (hereinafter “No. notarial deed of this case”).
(2) On the instant notarial deed, the notarial deed of this case shall be paid from April 7, 2017 to the creditor, (i) to the creditor, (ii) to the creditor, on April 7, 2017, with the consent of the debtor, to bear the obligation of KRW 36 million as specified in the separate notarial deed of this case. (iii) From October 7, 2017 to the 7th day of each month, the 36th day of each month shall be paid in installments. (iv) The interest shall be paid from April 2017 to the 10th day of each month, 20 days, and 28th day of each month. (v) The joint and several sureties jointly and severally performed the obligation of the debtor, and the maximum amount of the guaranteed obligation shall be KRW 46,80,00,00, and the guarantee period shall be five years. (vi) The debtor and joint and several sureties agreed that there is no objection even if compulsory execution is conducted.
C. Based on the instant notarial deed, on October 17, 2017, the Defendant received a collection order for each of the Plaintiff’s deposit claims as the Busan District Court 2017TTTT14052, and on October 18, 2017, as Busan District Court 2017TTT14091, with regard to the Plaintiff’s deposit claims, etc.
【Ground of recognition】 The fact that there is no dispute, entry of Gap 1, 4, and 5 in the evidence, the purport of the whole pleading
2. The assertion and judgment
A. On July 16, 2012, Plaintiff A asserted that Plaintiff A had continued to engage in monetary transactions that repeatedly borrowed and repaid with Defendant around April 2017, after deducting KRW 1700,000 from Defendant, KRW 170,000,000 per annum and deducting KRW 170,000 from interest per annum.
During that period, Plaintiff A is registered as credit business.